Madras High Court
G.Rajesh vs The State Represented By on 9 March, 2022
Crl.O.P.(MD)No.4474 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.03.2022
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P(MD)No.4474 of 2022
G.Rajesh ... Petitioner/
Accused Rank not known
Vs.
1.The State represented by
The Sub Inspector of Police,
Gudalur North Police Station,
Theni District.
(Crime No.115 of 2017) ... 1st Respondent
2. Bala Sundaram ... 2nd Respondent/
Defacto Complainant
Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for
the records from the first respondent police in Crime No.115 of 2017 dated
25.04.2017 and quash the same.
For Petitioner : Mr.A.Haja Mohideen
For Respondents : Mr.R.M.Anbunithi
Additional Public Prosecutor (Criminal Side)
for R.1
ORDER
This Criminal Original Petition has been filed to to call for the records
from the first respondent police in Crime No.115 of 2017 dated 25.04.2017 and
quash the same.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.4474 of 2022
2.The learned counsel appearing for the petitioner would submit that the
facts of the case are exactly similar to the case covered in the decision reported
in 2018 2 LW (Crl) 606 [Jeevanandham and others vs. The Inspector of
Police Velayuthampalayam Police Station, Karur District] dated 20.09.2018
and in the case of Sri Raja vs Inspector of Police, Sivakasi Town Police
Station Virudhunagar District and other in batch of cases in Crl.O.P(MD)
No.7922 of 2019 dated 30.08.2019
3. The learned Additional Public Prosecutor (Criminal Side) appearing
for the first respondent would submit that the facts of the case are similar to the
facts covered under the Judgment referred above.
4. Heard the learned counsel appearing for the petitioner and the learned
Government Advocate (Criminal Side) appearing for the respondents.
5. Perused the materials on record.
6. The facts of this case is similar to the facts covered by the Judgment of
this Court reported in 2018 2 LW (Crl) 606 [Jeevanandham and others vs.
The Inspector of Police Velayuthampalayam Police Station, Karur District]
dated 20.09.2018 and in case of Sri Raja vs Inspector of Police, Sivakasi
Town Police Station Virudhunagar District and other in batch of cases in
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.4474 of 2022
Crl.O.P(MD)No.7922 of 2019 dated 30.08.2019. Accordingly, the proceedings
in Crime No.115 of 2017 on the file of the respondent police is hereby quashed
insofar as the petitioner alone and the Criminal Original Petition is allowed.
Consequently, connected miscellaneous petition is closed.
09.03.2022
Index : Yes / No
Internet : Yes/ No
mga
Note: In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for official
purposes, but, ensuring that the copy of the order that is presented is
the correct copy, shall be the responsibility of the advocate/litigant
concerned.
To
1.The Sub Inspector of Police,
Gudalur North Police Station,
Theni District.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.4474 of 2022
G.K.ILANTHIRAIYAN, J.
mga
Crl.O.P(MD)No.4474 of 2022
09.03.2022
https://www.mhc.tn.gov.in/judis
